TX Direct, LLC v. First Data Merchant Services LLC et al
Plaintiff: TX Direct, LLC
Defendant: First Data Merchant Services LLC and Wells Fargo Bank, N.A.
Case Number: 2:2022cv02685
Filed: October 6, 2022
Court: U.S. District Court for the Western District of Tennessee
Presiding Judge: Thomas L Parker
Referring Judge: Tu M Pham
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2022 Opinion or Order Filing 26 [**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff TX Direct LLC moves unopposed to file certain exhibits under seal. (ECF No. 23 at PageID 168.) For good cause shown, the Court GRANTS the motion. Signed by Judge Thomas L. Parker on 11/30/2022. (jdgc)
November 28, 2022 Filing 25 Sealed Document Exhibits to First Amended Complaint. (Attachments: #1 Exhibit 1: FDR Original 2007 Agreement, #2 Exhibit 2: 2013 Renewal, #3 Exhibit 3: 2014 Clover Agreement, #4 Exhibit 4: 2014 Insightics Agreement, #5 Exhibit 5: AccessOne Agreement, #6 Exhibit 6: 2016 Amendment, #7 Exhibit 7: 2017 Renewal, #8 Exhibit 8: Surcharge Program Amendment)(Edwards, Derek)
November 28, 2022 Filing 24 AMENDED COMPLAINT (First) against TX Direct, LLC, Wells Fargo Bank, N.A., filed by TX Direct, LLC.(Edwards, Derek)
November 28, 2022 Filing 23 MOTION to Seal Document (Proposed Order Submitted) by TX Direct, LLC. (Edwards, Derek)
November 28, 2022 Filing 22 TEXT NOTICE RE-SETTING SCHEDULING CONFERENCE: (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): The Scheduling Conference has been reset for Thursday, January 26, 2023 at 2:30 P.M. via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions.(smm)
November 22, 2022 Opinion or Order Filing 21 [**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Parties jointly move to reschedule their scheduling conference set for December 1, 2022. (ECF No. 19.) For good cause shown, the Court GRANTS the motion. The Court's case manager will confer with parties' counsel to reset a scheduling conference here. Signed by Judge Thomas L. Parker on 11/22/2022. (kej)
November 22, 2022 Opinion or Order Filing 20 [**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff moves unopposed for an extension of time to file an amended complaint. (ECF No. 18.) For good cause shown, the Court GRANTS Plaintiff's motion. Plaintiff has through November 28, 2022, to file an amended complaint. Signed by Judge Thomas L. Parker on 11/22/2022. (kej)
November 21, 2022 Filing 19 Joint MOTION to Continue Scheduling Conference - proposed order submitted by All Defendants. (Peterson, John)
November 18, 2022 Filing 18 MOTION for Extension of Time to Amend Complaint, Proposed Order Submitted by TX Direct, LLC. (Edwards, Derek)
November 2, 2022 Filing 17 Corporate Disclosure Statement by First Data Merchant Services LLC identifying Corporate Parent Fiserv, Inc. for First Data Merchant Services LLC.. (Peterson, John)
November 2, 2022 Filing 16 Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Peterson, John)
November 2, 2022 Filing 15 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by First Data Merchant Services LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Peterson, John)
November 2, 2022 Filing 14 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #12 Corporate Disclosure Statement filed by First Data Merchant Services LLC, #11 Corporate Disclosure Statement filed by Wells Fargo Bank, N.A., #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Wells Fargo Bank, N.A., First Data Merchant Services LLC has been filed. However, the following deficiency has been found: the pleading has hand written signature and not the required electronic signature. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj)
October 31, 2022 Filing 13 TEXT NOTICE SETTING SCHEDULING CONFERENCE: (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): A Scheduling Conference has been set for Thursday, December 1, 2022 at 2:00 P.M. via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions. (smm)
October 31, 2022 Filing 12 Corporate Disclosure Statement by First Data Merchant Services LLC identifying Corporate Parent Fiserv, Inc. for First Data Merchant Services LLC.. (Peterson, John)
October 31, 2022 Filing 11 Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Peterson, John)
October 31, 2022 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by First Data Merchant Services LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Peterson, John)
October 31, 2022 Filing 9 SUMMONS Returned Executed by TX Direct, LLC as to Wells Fargo Bank, N.A.. (Edwards, Derek)
October 31, 2022 Filing 8 SUMMONS Returned Executed by TX Direct, LLC as to First Data Merchant Services LLC. (Edwards, Derek)
October 6, 2022 Filing 7 Summons Issued as to First Data Merchant Services LLC, Wells Fargo Bank, N.A.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 summons)(jae)
October 6, 2022 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae)
October 6, 2022 Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae)
October 6, 2022 Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
October 6, 2022 Filing 3 Judge Thomas L. Parker and Chief Magistrate Judge Tu M. Pham added. (jae)
October 6, 2022 Filing 2 Corporate Disclosure Statement by TX Direct, LLC. (Edwards, Derek)
October 6, 2022 Filing 1 COMPLAINT against First Data Merchant Services LLC, Wells Fargo Bank, N.A. (Filing fee $ 402 receipt number ATNWDC-3985333), filed by TX Direct, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons: First Data Merchant Services LLC, #3 Summons Summons: Wells Fargo Bank, N.A.)(Edwards, Derek)

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Plaintiff: TX Direct, LLC
Represented By: Derek W. Edwards
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Defendant: First Data Merchant Services LLC
Represented By: John Wellington Peterson
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Defendant: Wells Fargo Bank, N.A.
Represented By: John Wellington Peterson
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